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Montreal AI Ethics Institute Analysis

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Relevant for understanding gaps in national AI governance frameworks; Canada's AIDA failure offers lessons on procedural legitimacy, regulatory design, and the challenges of legislating AI at a national level.

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Summary

An op-ed analysis of the failure of Canada's Artificial Intelligence and Data Act (AIDA), which died in parliamentary committee amid political turmoil. The piece examines AIDA's flaws—exclusionary consultation, vague scope, lack of independent oversight—and explores what AI governance in Canada might look like going forward, including bottom-up community-level approaches.

Key Points

  • Canada's AIDA, tabled in June 2022 to establish a comprehensive AI regulatory framework, died when Parliament was prorogued amid a political crisis.
  • AIDA was widely criticized for its exclusionary public consultation process, vague requirements, narrow scope, and lack of independent regulatory oversight.
  • Government amendments to AIDA were insufficient to address fundamental drafting and development flaws, and the bill never secured enough political will to advance.
  • A likely Conservative election victory may shift Canada toward innovation-focused, targeted high-risk AI regulation rather than a comprehensive cross-sectoral framework.
  • In the absence of national AI legislation, bottom-up regulation by professional associations, unions, and community organizations may fill the governance gap.

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✍️ Op-Ed by **Blair Attard-Frost**, a PhD Candidate at the University of Toronto. She researches and teaches about the governance of AI systems in Canada and globally.

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### **Summary**

Canada is currently experiencing a historic bout of political turbulence, and the proposed **_Artificial Intelligence and Data Act_ (AIDA)** has died amidst a prorogation of Parliament.

The AIDA was tabled in Canada’s House of Commons in June 2022 with the ambitious goal of establishing a comprehensive regulatory framework for AI systems across Canada. However, the AIDA was embroiled in controversy throughout its life in Parliament. A chorus of individuals and organizations voiced concern with the AIDA, citing its exclusionary public consultation process, its vague scope and requirements, and its lack of independent regulatory oversight as reasons why the legislation should not become law. Though the government ultimately proposed some amendments to the AIDA in response to criticisms, the amendments did not sufficiently address the fundamental flaws in the AIDA’s drafting and development. As a result, the AIDA languished and died in a parliamentary committee, unable to secure the confidence and political will needed to proceed through the legislative process.

The AIDA will be remembered by many as a national AI legislation failure, and in its absence, the future of Canadian AI regulation is now uncertain. A victory for the Conservative Party of Canada in an upcoming federal election seems likely. A Conservative approach to AI regulation may favor promoting AI innovation and targeted intervention in specific high-risk AI use cases over the more comprehensive, cross-sectoral framework of the AIDA. In the absence of clear and effective national AI regulation, Canadians can still regulate AI systems at smaller scales. Professional associations, unions, and community organizations in Canada and elsewhere have already created policies, guidelines, and best practices for regulating AI systems in workplaces and communities. As Canada’s poli

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